Study On The Difficult Problems Of The Crime Of Aggregating And Fightin

This paper is divided into four chapters, respectively discussing some controversial issues in the application of the criminal law of affray crime: The first chapter clarifies the criminal law meaning of "gathering people" and "fighting", and then explores some controversial issues arising from this. The first is whether "gathering people" is an act of execution or a preparatory act This paper agrees with and expounds the view that "gathering people" is a situational act. The second is the discussion on whether a "gathering" can be established as a gathering. This paper proposes that the key to the establishment of a "gathering" is whether it has an impact on public tranquility and whether there is a causal relationship that is difficult to prove. Thirdly, in view of the criminal law meaning of "affray", the article emphasizes the characteristics of violence and antagonism in affray. In addition, the paper further demonstrates whether the antitropism of fights should be maintained. Thirdly, it makes clear the meaning and function of the subjective motive of the crime of affray and its aggravation, and makes clear the meaning and function of the criminal law of the controversial "rogue motive". Chapter two is about the main body of affray. By combining the relevant provisions of the specific provisions of the criminal law with the relevant provisions of the general provisions of the criminal law on co-offenders such as principal and accomplice, this paper discusses the conviction and sentencing of the ringleaders and active participants in the crime of affray. Chapter three: the aggravation of the crime of affray. This paper clarifies the specific applicable criteria for aggravating the situation, discusses the relationship between "bad social influence" and "large number of people and large scale", and analzes the criteria for the traffic arteries lackinobjective criteria. The fourth chapter is about the property orientation of transformation clause and the research of transformation subject. This paper argues that it is a question of interpreting the criminal law whether to interpret the conversion clause of this crime as a provision of attention or alegal fiction, rather than a rigid and exclusive provision of the law itself.For the main body of transformed offender of affrayit must be evaluated according to the concrete case and the subjective and objective conditions of the actor. You cannot blindly convert a member of a group simply because of the result of death or serious injuryIf an act that does not commit intentional homicide is convicted and punished with intentional homicide it will violate the principle of the unification of subjectivity and objectivity and the principle the adabtation of guilt and punishment.